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Vimal Bahuguna (Accounts Executive)     13 March 2012

Full & final settlement

Dear Sir,

I m working in Pvt Ltd Company as an Account Exec. It is wholly own subsidiary of Itlian company. My company is being shifting after one or two months in pune. My gross salary is 120528/- per annum. Should i elgible for Gratuity or not if i dont resigned & it is compulsory to inform company before 30 days before leaving job, Company did'nt me any offer or appointment letter & company has not any documents to prove that i will have to prior notice before 30 days.

Please give me suggestion






 5 Replies

Bhagwan Tolani (Salaried)     14 March 2012

Dear Mr. Vimal,

Since you don't have any document to prove that you are an employee of company.

So you are not entitled to get gratuity. Simulatneously you have also don't have your DOJ (Date of Joining).


Vimal Bahuguna (Accounts Executive)     14 March 2012

Dear sir,


I have company salary slip with stamp. I have company PF No. my esic no. Is this useless for me or not.

If company gives me full & final settlement without my resign, before going to pune than how many minimum days will be calculate. Becoz company can gives me only 15 Days F n F. Can i objected this. If yes than what is rule than please tell me.

Thanks Mr. Tolani


Kumar Doab (FIN)     15 March 2012

It is always better to tender notice of resignation and, avoid abrupt termination. You have worked for long with this company and at the end tender some reasonable notice say 15-30 days. If you have to join another company then decide as per time available. Address your notice/resignation to good offices of appointing authority, Head-HR, MD and ask to pay gratuity in FNF.

Since you have drawn salary, company can content that appointment was accepted without appointment order, and certified standing orders shall apply. You may obtain copy of certified standing orders of the company, which are to be circulated to all employees and displayed at the gate. These may be on HR page of the intranet of the company or with concerned personnel of HR, old employee. You can demand these and company is duty bound to supply these to you. If certified standing orders are not applicable model standing orders shall apply.

You may contend that no appointment letter was ever issued and you have not signed on terms and conditions of termination/notice pay etc.

DOJ is specified in salary slip. Hope you have 1st salary slip and salary slip is issued by same company name all these years, and company has not herded all employees at one place and obtained resignation and enrolled employees to new company (like.Bharti Airtel). Employee is to be enrolled for PF from very first month of employment. Obtain PF accumulation reports for all years of employment from employer which if not supplied must be lying with concerned personnel of HR. Employer is duty bound to supply it to employee.

If there is some error in your DOJ noted by you raise the issue in writing under acknowledgment now and get the correction endorsed and updated in all records.

If company is shifting, changing, company is duty bound so must have supplied circular and letter to all employees on shifting/changing, transfer guidelines, benefits, etc and guidelines to all employees who do not want to shift. You may seek separation under this condition.



RULES, 19721

3. Notice of opening, change or closure of the establishment.-

     4. Display of notice.-(1)

     7. Application for gratuity.-(1) An employee who is eligible for payment of gratuity under the Act, or any person authorised, in writing, to act on his behalf, shall apply, ordinarily within thirty days from the date the gratuity became payable, in Form 'I' to the employer:

Attached File : 143313156 735419210 rulesofpaymentofgratuity(3).doc downloaded: 94 times

Ahmed (Sr. Consultant)     16 March 2012

Hi Sir,

I was working with an HR Staffing firm (A Private limited firm).

I have submitted my resignation in the on 10th of Jan and got released in 20th Jan. As per the company norms it is nessasary to serve a month notice period but i got released in 10 days time (which is advised by the HR Management and didn't requested by me).

At the time of releasing, I was told that i will receive the releving letter and full & final settelment in next month (after 15th feb). On 29th I contact the Finance and HR person in the company and the Finance guy suggested me to call on first week of March. On 6th of March I did tried again he again asked to check with him in next week so I called him up again 13th of March and now he has stopped taking any calls of mine. I did requested to the HR Manager and my center head (sits in Delhi) to look into the metter, but didn't receive any concrete answer till now.

Kindly sugget the next step.

Warm regards


Kumar Doab (FIN)     16 March 2012


 Hope you had received appointment letter, and you have handed over the charge and company property under acknowledgment. The termination of employment is initiated by you. It is believed you have mentioned notice of resignation and effective date of resignation in your letter to company. If the company accepts before effective date of resignation it can be termed illegal. You can claim notice pay for the balance days.

You may submit a written representation by letter thru redg post addressed to good offices of your appointing authority, MD, Head-HR and mention that you have submitted notice of resignation dated.........on dated........and effective date of resignation is...........and on Mr/Ms............supplied you acceptance of resignation from dated............For settlement and payment of dues you have made following representations; ( mention list of each representation by phone/email/letter and include phone number/name/designation/address of company personnel called by you and retain the bills carefully) and mention the response given to you. Request the good offices to supply you work experience/service certificate, relieving letter, payment of dues by bank DD only, form 16, PF number, PF accumulation reports/withdrawal-transfer forms, NOC/NDC etc. thru redg/speed post so as to reach you within next say 7 days. You may mention that a self addressed redg post cover (as purchase from Post office) is enclosed herewith.

 Ideally wages should be paid on last day in office or next 2 days.

If good offices do not grant relief you may approach your lawyer/o labor Commissioner/Wages inspector.

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